J.B.D. Brother's v. Miranda, No. 1D09-3402.

CourtCourt of Appeal of Florida (US)
Writing for the CourtWetherell
Citation25 So.3d 1271
Decision Date25 January 2010
Docket NumberNo. 1D09-3402.
PartiesJ.B.D. BROTHER'S and Masonry, Inc. and Florida Citrus Business & Industry/USIS, Appellants, v. Angel MIRANDA, Appellee.
25 So.3d 1271
J.B.D. BROTHER'S and Masonry, Inc. and Florida Citrus Business & Industry/USIS, Appellants,
v.
Angel MIRANDA, Appellee.
No. 1D09-3402.
District Court of Appeal of Florida, First District.
January 25, 2010.

Neal L. Ganon and Marissa M. Hoffman of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., West Palm Beach, for Appellants.

Kenneth B. Schwartz, West Palm Beach, for Appellee.

WETHERELL, J.


The employer/carrier (E/C) raises three issues in this workers' compensation appeal: 1) whether the Judge of Compensation Claims (JCC) erred in directing the E/C to pay a bill for an MRI performed on Claimant; 2) whether the JCC's award of temporary total disability benefits was supported by competent substantial evidence; and 3) whether the JCC erred in determining that Claimant had wages for purposes of calculating Claimant's average weekly wage (AWW). We affirm the second issue without discussion. We affirm the third issue based upon our decision in Rene Stone Work Corp. v. Gonzalez, 25 So.3d 1272 (Fla. 1st DCA 2010), and we reverse the first issue for the reasons that follow.

Claimant is an illegal alien from Mexico who has lived in the United States since 2000. Claimant began working as a fork-lift driver and laborer for the employer in June 2008. Claimant was injured on July 23, 2008, when he fell from a scaffold on the employer's job site in Miami.

The employer did not immediately report the accident to its workers' compensation

insurance carrier. Instead, the employer agreed to pay for Claimant's medical care and his lost time from work until he recuperated. These payments, like the wages that the employer paid Claimant, were made "under the table" in cash.

The employer stopped making the payments in mid-September 2008, and Claimant thereafter retained an attorney and filed a petition for benefits (PFB). At that point, the employer reported the accident to its workers' compensation insurance carrier. The accident and injury were accepted as compensable, but the carrier denied indemnity benefits because there was no record of any wages having been reported to the Internal Revenue Service (IRS) for Claimant.

In April 2009, Claimant, with the assistance of his attorney, filed several forms with the IRS, including a Form 1040 on which he reported his income for 2008 to be $8,256 and a Form W-7 entitled "Application for IRS Individual Taxpayer Identification Number." The parties stipulated...

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3 practice notes
  • Cespedes v. Yellow Transp., Inc.
    • United States
    • Court of Appeal of Florida (US)
    • November 26, 2013
    ...over any billing disputes between Dr. Acebal and the E/C relative to the provision of compensable care. See J.B.D. Bros. v. Miranda, 25 So.3d 1271 (Fla. 1st DCA 2010) (explaining JCC lacks jurisdiction over billing dispute between carrier and medical provider). Because the language of secti......
  • Cespedes v. Yellow Transp., Inc., CASE NO. 1D12-0677
    • United States
    • Court of Appeal of Florida (US)
    • November 26, 2013
    ...over any billing disputes between Dr. Acebal and the E/C relative to the provision of compensable care. See J.B.D. Bros. v. Miranda, 25 So. 3d 1271 (Fla. 1st DCA 2010) (explaining JCC lacks jurisdiction over billing dispute between carrier and medical provider). Because the language of sect......
  • Cespedes v. Yellow Transp., Inc., CASE NO. 1D12-0677
    • United States
    • Court of Appeal of Florida (US)
    • April 24, 2013
    ...of the treatment, the JCC has no jurisdiction over any billing disputes between Dr. Acebal and the E/C. See J.B.D. Bros. v. Miranda, 25 So. 3d 1271 (Fla. 1st DCA 2010) (explaining JCC lacks jurisdiction over billing dispute between carrier and medical provider). Because the language of sect......
3 cases
  • Cespedes v. Yellow Transp., Inc.
    • United States
    • Court of Appeal of Florida (US)
    • November 26, 2013
    ...over any billing disputes between Dr. Acebal and the E/C relative to the provision of compensable care. See J.B.D. Bros. v. Miranda, 25 So.3d 1271 (Fla. 1st DCA 2010) (explaining JCC lacks jurisdiction over billing dispute between carrier and medical provider). Because the language of secti......
  • Cespedes v. Yellow Transp., Inc., CASE NO. 1D12-0677
    • United States
    • Court of Appeal of Florida (US)
    • November 26, 2013
    ...over any billing disputes between Dr. Acebal and the E/C relative to the provision of compensable care. See J.B.D. Bros. v. Miranda, 25 So. 3d 1271 (Fla. 1st DCA 2010) (explaining JCC lacks jurisdiction over billing dispute between carrier and medical provider). Because the language of sect......
  • Cespedes v. Yellow Transp., Inc., CASE NO. 1D12-0677
    • United States
    • Court of Appeal of Florida (US)
    • April 24, 2013
    ...of the treatment, the JCC has no jurisdiction over any billing disputes between Dr. Acebal and the E/C. See J.B.D. Bros. v. Miranda, 25 So. 3d 1271 (Fla. 1st DCA 2010) (explaining JCC lacks jurisdiction over billing dispute between carrier and medical provider). Because the language of sect......

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